New Delhi, 11 October(Wishav Warta): Supreme Court on Wednesday ruled that intercourse with a wife who is under 18 years of age is rape and therefore a crime. Before today’s Supreme Court ruling, there was an exception in Section 375 rape law provisions that protected a man who had sexual relations with his wife even if she was under 18, which is the age of consent.
“Exception 2 in Section 375 of IPC (Indian Penal Code) granting protection to husband is violative of constitution and fundamental rights of minor bride’, says Supreme Court.
The Supreme Court rejected the plea of the Centre government which justified the provision on the grounds that child marriage is a reality in the country and such marriage has to be protected. A bench headed by Justice Madan B Lokur on September 6 asked the Centre how Parliament could create an exception in a law when the age of consent is 18.